Is there a basis to impose a resulting trust in these circumstances?
British Columbia, Canada
The following excerpt is from Sadgrove v Sadgrove, 2022 BCSC 86 (CanLII):
To find a basis to impose a resulting trust in these circumstances, there are four requirements, as set out in Bottomley v. Derrah, 2009 BCSC 1256 at para. 133: • there must be an enrichment of one party; • there must be a corresponding deprivation of the other party; • there must be an absence of any juristic reason for the enrichment; and • there must be a common intention proven.
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